Terms and Conditions

§ 1 Scope

(1) These Terms and Conditions (hereinafter "T&C") apply to all contracts between ANY Lifestyle Marketing GmbH, Nibelungenplatz 3, 60318 Frankfurt am Main (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the use of the SaaS platform "Calentix" (hereinafter "Service").

(2) The Service is exclusively directed at entrepreneurs within the meaning of § 14 German Civil Code (BGB), freelancers, and legal entities under public law. Use by consumers within the meaning of § 13 German Civil Code (BGB) is not intended.

(3) Deviating, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

§ 2 Subject of the Contract

(1) The Provider makes the web-based platform "Calentix" available to the Customer as Software-as-a-Service (SaaS). Depending on the selected plan and activated modules, the platform comprises in particular the following functional areas:

Online appointment scheduling and calendar management (Scheduling), including integration with Google Calendar and Microsoft Outlook;
Rental management (Rentals) with availability calendar, reservations, contract/T&C funnel and tenant portal;
Event and ticketing functions (Events), including seating management, ticket PDFs and online ticket sales;
Funnel and form builder with visitor analytics, lead capture and workflow logic;
QR code generation with scan analytics;
Check-in functions for events and tickets;
Email delivery for transactional messages (confirmations, notifications) as well as Customer-configured marketing emails and automations;
Marketplace and payment functions via Stripe Connect (see § 6a);
Custom branding, custom domains and white-label configuration.

(2) The specific scope of services is determined by the selected plan as well as any optionally booked add-ons in accordance with the current price and service overview on the Provider's website.

(3) The Provider is entitled to further develop the Service and to modify, extend, discontinue or replace individual functions with equivalent ones. Material restrictions of a paid scope of services within an ongoing billing period will be communicated to the Customer with reasonable advance notice (typically 30 days) in text form; in such case, the Customer has an extraordinary right of termination effective as of the date the restriction takes effect.

(4) The Provider only owes the provision of the platform and the contractually agreed functions. No further economic success of the Customer (e.g. a particular number of bookings, reservations, ticket sales, lead conversions or rental revenues) is owed.

§ 3 Registration and Conclusion of Contract

(1) Use of the Service requires registration. The Customer is obligated to provide truthful and complete information during registration.

(2) Upon completion of registration, a contract for the use of the free plan (Free) is concluded.

(3) By booking a paid plan (Pro, Team), an additional paid contract is concluded. This becomes effective upon confirmation of the booking and successful payment processing.

(4) The Customer is responsible for keeping their login credentials confidential. Any use under their login credentials shall be attributed to them.

§ 4 Module Service Description

The following describes the individual modules in more detail. Which modules are available to the Customer depends on the selected plan and any booked add-ons.

a) Scheduling – Appointment Booking

Creation and management of booking types and booking pages, individual availability rules, drag-and-drop form fields, automatic confirmation and reminder emails, team booking types, video meeting integration (Google Meet, Microsoft Teams), and synchronization with Google Calendar and Microsoft Outlook via OAuth.

b) Rentals

Management of rental items, availability calendar, reservation and booking workflows, magic-link-based tenant portal, optional contract and T&C funnels for rental agreements, embed widgets for integration into the Customer's own websites, and automated confirmation and contract emails.

c) Events & Ticketing

Management of events, ticket types, seating plans, ticket orders and ticket PDFs, online ticket sales via Stripe Connect, individual event pages and designs.

d) Check-in

Validation and admission control of tickets via web interface or QR code scan. The Provider expressly notes that proper operation of the check-in module requires a stable internet connection at the venue and a functioning device of the Customer; see also § 5 para. 5.

e) Funnels & Forms

Multi-step forms/funnels, lead capture, file uploads, conditional logic, domain and subdomain configuration, and integrated visitor analytics (sessions, page views, technical metadata such as IP address, user agent, and approximate geolocation – see the Customer's data protection obligations in § 8).

f) QR Codes

Creation of dynamic and static QR codes with configurable target URLs, scan statistics, and optional branding.

g) Email Delivery

Sending of transactional emails (booking, reservation and ticket confirmations) as well as – depending on plan/module – the creation and dispatch of Customer-owned marketing emails, automations and sequences via the sub-processor Resend, Inc.

h) Marketplace / Stripe Connect

Acceptance and payout of third-party payments via Stripe Connect for rentals, events, ticket sales and similar services. Specific terms and liability rules are set out in § 6a.

i) Branding & White-Label

Custom branding (logo, colors, fonts), own domains and subdomains for booking, funnel and event pages, and individual designs for tickets and confirmation emails.

j) API Access

Programmatic access to selected platform functions via a REST API (availability depending on plan).

The exact functional scope of the individual modules and any plan-related limitations are set out in the current service description on the website.

§ 5 Availability, Maintenance and Third-Party Services

(1) The Provider aims for a Service availability of 99.5% on an annual average. This figure is a target value and not a contractually guaranteed quality; an availability guarantee is expressly not assumed.

(2) The following are excluded from the calculation of availability: (a) announced maintenance and update work, (b) outages due to force majeure (e.g. natural events, strikes, official orders, pandemics), (c) outages and disruptions beyond the Provider's control (in particular internet and backbone disruptions and disruptions of upstream suppliers and sub-processors such as Stripe, Resend, Supabase, Vercel, Nango, Google and Microsoft), and (d) suspensions for security or compliance reasons.

(3) The Provider is entitled to carry out scheduled maintenance windows outside usual business hours where possible and, in urgent cases (e.g. security vulnerabilities), to perform maintenance without prior notice.

(4) The platform integrates functions of external service providers (in particular Stripe Payments Europe Ltd., Resend Inc., Supabase Inc., Google LLC, Microsoft Corporation, Nango). The Provider assumes no liability for the availability, functionality or content of these services. In the event of prolonged outages of individual third-party services, the Provider is entitled to temporarily disable or restrict affected functions; this does not, as a rule, give rise to any reduction in fees or claims for damages.

(5) For time-critical use cases – in particular ticket sales on the day of the event and on-site check-in – it is the Customer's responsibility to maintain its own emergency and contingency plans (e.g. printed attendee lists, alternative entry control, manual cash handling). The Provider is not liable for damages resulting from a platform outage on the event day, unless the outage is based on intentional or grossly negligent breach of duty by the Provider.

(6) The Provider performs regular backups of Customer data stored within the platform. The Customer has no further individual claim to data backup or restoration of specific data sets. The Customer is obliged to additionally back up data essential for its business operations outside the platform (e.g. by exporting booked tickets, CSV exports of reservations).

§ 6 Prices and Payment

(1) Use of the Free plan is permanently free of charge.

(2) For paid plans, the prices stated at the time of booking apply. All prices are net prices plus applicable statutory VAT.

(3) Billing occurs monthly or annually in advance, depending on the selected billing period. Payment is processed through the payment service provider Stripe.

(4) The Provider reserves the right to adjust prices with 30 days' notice at the end of the current billing period. In this case, the Customer has a special right of termination.

(5) If the Customer is in default of payment, the Provider is entitled to block access to the paid plan and downgrade the Customer to the Free plan.

§ 6a Payment Processing via Stripe Connect (Marketplace Functions)

(1) Where the Customer uses marketplace functions of the Service – in particular accepting payments from third parties for rentals, events or ticket sales – the Customer instructs the Provider to engage Stripe Payments Europe Ltd. ("Stripe") as the technical payment provider for this purpose. The Customer enters into a separate contractual relationship with Stripe under the Stripe Connect Account Agreement, which the Customer accepts during onboarding.

(2) Vis-à-vis their end customers, the Customer remains the contractual partner for the services provided. The Provider does not itself act as a contractual partner towards the Customer's end customers, but rather supplies the technical platform and the payment processing via Stripe.

(3) The Provider uses the Stripe Connect model with liability shifted to Stripe (account configuration "losses owned by Stripe"). The economic risk arising from negative balances, chargebacks (credit card reversals) and disputes on the Customer's Stripe Connect account is generally borne by Stripe. The Provider is not liable for negative balances of the Customer towards Stripe.

(4) The Customer undertakes:

to truthfully and promptly cooperate in fulfilling Stripe's onboarding and verification requirements (in particular Know-Your-Customer/KYC and anti-money-laundering obligations);
to actually deliver the services sold via the marketplace function, in compliance with the contract and at the agreed quality;
to process justified refund requests from end customers within a reasonable period;
to fully cooperate with the Provider and Stripe in the event of chargebacks, disputes or suspected cases, and to provide requested evidence in due time;
to maintain a reasonable balance on its Stripe Connect account at all times to cover pending refunds and potential chargebacks;
to inform the Provider without undue delay as soon as it becomes aware of fraud, suspicious activity or regulatory measures concerning its Stripe Connect account.

(5) Internally, between the Provider and the Customer, the following applies: If Stripe asserts claims against the Provider for damages, recoupments or any other amounts because the Customer has breached the Stripe Connect Account Agreement, statutory provisions or its obligations under these T&C (in particular by knowingly selling non-existent services, intentionally accepting fraudulent payments, breaching refund obligations or grossly negligently fulfilling KYC duties), the Customer shall indemnify the Provider against such claims, including reasonable legal defense costs. The Provider is entitled to offset such amounts against future payouts or other claims of the Customer against the Provider.

(6) To mitigate risk, the Provider implements appropriate safeguards, in particular the use of Stripe Radar for fraud prevention and plausibility checks of suspicious payment patterns. No guarantee is given that all cases of fraud or loss will be detected.

(7) The Provider is entitled to temporarily suspend a Customer's Stripe Connect account or to deactivate the marketplace function if (a) Stripe itself suspends, limits or objects to the account, (b) an accumulation of chargebacks or disputes above industry-standard thresholds is detected, or (c) there is a substantiated suspicion of a breach of these T&C or applicable law. The Provider will inform the Customer of any such measure without undue delay in text form.

§ 7 Duration and Termination

(1) The contract for the Free plan is concluded for an indefinite period and may be terminated by either party at any time without notice.

(2) Paid plans have a minimum term of one month (for monthly billing) or one year (for annual billing). They are automatically renewed for the respective billing period unless terminated before expiry.

(3) Termination is possible at any time via account settings or by email to info@any-lifestyle.de.

(4) The right to extraordinary termination for good cause remains unaffected.

(5) After termination of the contract, the Customer's data will be deleted within 30 days, unless statutory retention obligations apply. The Customer has the option to export their data before deletion.

§ 8 Customer Obligations

(1) The Customer undertakes to use the Service only within the framework of applicable laws, these T&C and the respective terms of use of the third-party services employed (in particular Stripe, Google, Microsoft). The Customer is in particular itself responsible for compliance with data protection, competition, copyright, trademark, event, tax and any other law applicable to its activities.

(2) Vis-à-vis its end customers, tenants, event participants, ticket buyers, funnel visitors and other third parties, the Customer is the sole contractual partner and the sole controller within the meaning of the GDPR. The Provider merely supplies the technical platform. The Customer in particular ensures that it has all required legal bases, consents and mandatory information for the processing of data via the platform.

(3) On a per-module basis, the Customer in particular undertakes the following:

Scheduling/Rentals/Events: The Customer ensures that the availabilities, prices, descriptions, images and other details stored in the platform are accurate at all times. The Customer is solely responsible for the actual provision of the booked services as well as for the proper conduct of events, including all event-, youth-protection- and trade-law requirements.
Funnels & Forms: The Customer is responsible for providing its own complete privacy policy and a legally compliant cookie/consent banner on the funnel/form pages. Funnel analytics data (in particular IP address, user agent, approximate geolocation, sessions, page views) are collected and processed via the platform; the Customer ensures that it has the required consents or another valid legal basis under the GDPR for this and informs its end users accordingly. In the case of file uploads in funnels, the Customer is responsible for ensuring that the processing of the uploaded content is lawful.
Email Delivery: Sending advertising, marketing or newsletter emails via the platform requires a valid consent of the respective recipients in accordance with § 7 UWG (German Act Against Unfair Competition), Art. 6(1)(a) GDPR or another applicable legal basis. The Customer is obliged to operate a verifiable double-opt-in process, to provide a working unsubscribe link in every marketing email, to comply with statutory mandatory information (in particular legal notice/imprint), and to proactively handle complaints, bounces and spam reports. The Provider is entitled to suspend email dispatch with immediate effect in case of misuse or complaints by the sub-processor Resend.
Ticketing & Check-in: The Customer is solely responsible for the conditions of its ticket sales (in particular ticket terms, withdrawal information where applicable, ID requirements, house rules, youth protection). In the event of cancellation or postponement of an event, all refund, information and rebooking obligations vis-à-vis ticket buyers lie with the Customer; see § 6a.
QR Codes: The Customer ensures that the target URLs of QR codes generated via the platform do not refer to unlawful, misleading or harmful content.
Marketplace functions: The obligations under § 6a apply additionally.

(4) The Customer is obliged to conclude a Data Processing Agreement (DPA) with the Provider pursuant to Art. 28 GDPR insofar as it processes personal data of third parties via the platform. The Provider provides a corresponding standard DPA for execution; the DPA forms part of these T&C.

(5) The Customer is obliged to keep its login credentials secret and protect them against unauthorized third-party access. Any use under the Customer's credentials shall be deemed initiated by the Customer. The Customer shall notify the Provider without undue delay as soon as it has indications of misuse.

(6) The Customer shall refrain from any conduct that could impair the functionality, security or integrity of the Service, in particular automated mass queries outside the documented API limits, circumventing security or access controls, reverse engineering of the platform, and load testing without the prior express written consent of the Provider.

(7) The Customer is obliged to regularly back up its own business-critical data outside the platform (e.g. by using the export functions provided).

§ 9 Data Protection and Data Processing

(1) Insofar as the Provider processes personal data of end customers, tenants, event participants, ticket buyers, funnel visitors or other third parties of the Customer in the course of providing services, the Customer is the controller and the Provider is the processor within the meaning of Art. 4(7) and (8) GDPR. The parties shall conclude a Data Processing Agreement (DPA) under Art. 28 GDPR for this purpose; the standard DPA provided by the Provider shall be deemed accepted upon conclusion of the contract, unless otherwise agreed.

(2) The Provider processes personal data primarily in data centers within the European Union. For individual sub-processors named in the Provider's privacy policy and the DPA (in particular Stripe, Resend, Google, Microsoft), a transfer to third countries may be necessary; such transfers take place on the basis of EU Standard Contractual Clauses pursuant to Art. 46(2)(c) GDPR or an adequacy decision.

(3) The Provider is entitled to engage further sub-processors and replace existing ones. The Customer will be informed in good time about changes to material sub-processors; the Customer has the right to object to a change for justified data protection reasons.

(4) Within its own responsibility, the Customer is in particular obliged to inform its end users (e.g. tenants, event participants, ticket buyers, funnel visitors) about the processing of data via the platform (Art. 13/14 GDPR), to obtain required consents, to provide a legally compliant cookie/consent management on its funnel, booking and event pages, and to fulfill rights of access, deletion and objection vis-à-vis the data subjects. The Provider supports the Customer in this to the extent legally required.

(5) Any technically independent additional processing of personal data by the Provider for its own purposes (e.g. platform operation, security, billing, product improvement in aggregated form) takes place on the basis of the Provider's privacy policy and is not subject to the DPA.

§ 10 Liability

(1) The Provider is liable without limitation for damages based on intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents, as well as for damages arising from injury to life, body, or health. Liability under the German Product Liability Act and for fraudulently concealed defects remains unaffected.

(2) In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations – obligations whose fulfillment makes the proper performance of the contract possible at all and on whose observance the Customer regularly relies). In this case, liability is limited in amount to the foreseeable, contract-typical damage, but not exceeding the total amount actually paid by the Customer to the Provider in the immediately preceding twelve (12) months.

(3) Any liability of the Provider for indirect damages, consequential damages, lost profits, missed savings, reputational damages, missed or non-realized bookings, reservations, ticket sales, lead conversions, event revenues or rental revenues as well as for data loss is excluded – except in cases under paragraph 1.

(4) The Provider is not liable for damages based on (a) outages or malfunctions of external services (in particular Stripe, Resend, Google, Microsoft, Supabase, Nango, Vercel, internet and mobile networks), (b) content, bookings, events or other offerings of the Customer towards its end customers, (c) missing, insufficient or faulty data backups by the Customer, or (d) any non-intended use of the Service by the Customer.

(5) The limitations of liability of this § 10 also apply in favor of the legal representatives, employees and vicarious agents of the Provider and apply to contractual and non-contractual claims, in particular in tort.

§ 10a Indemnification of the Provider

(1) The Customer shall indemnify the Provider, its legal representatives, employees and vicarious agents from all third-party claims (including from end customers, authorities, competitors, collecting societies and data protection supervisory authorities) and from any associated fines, claims for damages and reasonable legal defense costs that arise from the Customer's breach of these T&C, of applicable law or of third-party rights. This applies in particular to breaches of data protection, competition, trademark, copyright, personality, event, tax or consumer protection law and to violations of § 7 UWG through unlawful email advertising.

(2) In the event of a claim, the Customer shall support the Provider to the best of its ability and provide all information and documents required for legal defense.

(3) The Provider is entitled to take reasonable legal steps to defend against the claims under the indemnification; any settlement requires the Customer's prior consent, which shall not be unreasonably withheld.

§ 10b Prohibited Uses, Content Control and Suspension

(1) The Customer is expressly prohibited from using the Service for the following purposes:

the sale, promotion or brokering of gambling, lotteries, betting or pyramid schemes unless the necessary regulatory approvals are in place;
the sale of counterfeit, stolen or commercially black-market resold tickets;
the sale of goods or services whose promotion or sale violates applicable law (e.g. narcotics, weapons, content harmful to minors without effective age verification);
the sending of unsolicited advertising (spam) and the sending of emails without the required consent of the recipients;
phishing, identity theft, distribution of malware or comparable abusive activities;
the distribution of insulting, discriminatory, violence-glorifying, terrorist, child pornographic or other clearly unlawful content;
activities relating to money laundering, financing of terrorism, or violations of embargoes and sanctions regulations.

(2) The Provider is entitled, in case of a concrete suspicion of a breach of paragraph 1, of applicable law, of third-party rights or of these T&C, to temporarily suspend or remove individual content or functions and to suspend the Customer's account with reasonable advance notice. In cases where any delay would be unreasonable (e.g. significant risk to third parties, imminent regulatory action, acute security incident, official order, suspension by a sub-processor such as Stripe or Resend), suspension without prior notice is permissible.

(3) The Provider will inform the Customer about measures taken without undue delay in text form and give the Customer the opportunity to comment. If the suspicion proves to be unfounded, the Provider will lift the measure without undue delay.

(4) Damages incurred by the Customer as a result of a justified measure pursuant to paragraph 2 shall be borne by the Customer. Claims for damages by the Customer remain unaffected to the extent the suspension was unjustified and based on culpable conduct of the Provider; § 10 applies accordingly.

§ 11 Intellectual Property

(1) All rights to the software, design, and content of the Service remain with the Provider. The Customer receives a simple, non-transferable right of use for the duration of the contractual relationship.

(2) Content entered by the Customer (texts, images, logos) remains the property of the Customer. The Customer grants the Provider the usage rights necessary for the provision of services.

§ 12 Confidentiality

The parties undertake to keep confidential all confidential information of the other party obtained in the course of the contractual relationship and to use it only for the purposes of the contract. This obligation shall continue to apply beyond the end of the contractual relationship.

§ 13 Changes to the Terms

(1) The Provider reserves the right to amend these T&C with effect for the future. The Customer will be notified of changes by email at least 30 days before they take effect.

(2) If the Customer does not object within 30 days of receiving the notification of changes, the amended T&C shall be deemed accepted. The Customer will be separately informed of this legal consequence in the notification of changes.

(3) In the event of an objection, the Provider has the right to terminate the contract at the time the changes take effect.

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes arising from or in connection with this contract is Frankfurt am Main, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.

(4) No oral side agreements exist. Amendments and additions to this contract require text form.